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Credentials, Community Affiliations, Memberships & Services:
- Ohio State Bar Association,
Certified Paralegal
Columbus Bar Association, Associate Member
Ohio State Bar Association, Associate Member
Capital University Law School, Paralegal Program Advisory Board
Capital University Law School, Alumni Association
Paralegal Association of Central Ohio (PACO)
State of Ohio, Notary Public
Above: In 2008, Rebecca Kemper received a PACO
award recognizing her for 25 years of service.
Description of Estate Administration duties:
- Attend initial client intake interviews with responsible attorney
- Assess status of decedent's assets and segregate probate assets from non-probate assets
- Prepare initial documents to open estate (full administration or release from administration)
- Coordinate establishing fiduciary's bond (as necessary)
- Confer with Probate Court personnel to open the estate; obtain case number and pay for court costs deposit
- Obtain appointment of the fiduciary; obtain certified copies of Letters of Authority; obtain appointment of appraiser (if necessary); obtain date-stamped copies of court filings and decedent's Will
- Docket filing deadlines for Inventory & Appraisal, estate tax return(s), Fiduciary's Account, fiduciary's income tax returns, etc.
- Apply to Internal Revenue Service for federal taxpayer identification number for the estate
- Determine date of death valuations of decedent's assets
- Meet with appraiser to appraise decedent's assets
- Prepare draft of Inventory & Appraisal with attached Schedule of Assets for review and signature of responsible attorney and fiduciary
- Prepare Ohio Department of Taxation tax releases and file same with Ohio Department of Taxation, Estate Tax Division
- Work with banks, stock brokers, etc. to secure transfer of decedent's assets pursuant to the Will or the statute of descent and distribution (as the case may be)
- Prepare Affidavits of Domicile, Irrevocable Stock or Bond Power forms, IRS Forms W-9 and letters of instruction relative to stock transfers
- Attend to transfer of motor vehicle titles
- Prepare Applications for Certificate of Transfer and Certificates of Transfer for decedent's real estate; prepare conveyance fee exemption statements
- Meet with auctioneer to coordinate disposing of decedent's tangible personal property (as needed)
- Work with fiduciary and contractors to prepare decedent's residence and/or rental properties to be placed on the market for sale (as needed)
- Work with heirs to obtain proceeds payable under life insurance policies; obtain IRS Forms 712 from life insurance companies
- Prepare preliminary draft of estate tax returns for review of responsible attorney; determine alternate date valuation of securities (as needed)
- Track estate checking account income and disbursements on Quicken computer program
- Prepare Fiduciary's Account, Receipts and Disbursements (and Assets Remaining in Fiduciary's Hands, if
necessary) for filing with Probate Court; confer with Probate Court personnel to review and discuss accounting at time of filing
- Prepare and file Consent to Attorney Fee
- Confer with responsible attorney to determine tax year and coordinate preparation and filing of Forms 1041 and IT-1041 with respective taxing authorities
Description of Guardianship (Adult Incompetent) duties: Person Only
- Confer with family members and responsible attorney to determine need for guardianship
- Discuss with proposed Guardian obtaining Statement of Expert Evaluation from proposed ward's physician
- Prepare initial documents to obtain appointment of Guardian
- Meet with proposed Guardian to review and execute documents
- Confer with Probate Court personnel to file initial guardianship documents and obtain hearing date
- Advise proposed guardian and responsible attorney as to date and time of hearing
- Docket filing deadlines for Guardian's Biennial Report and Statement of Expert Evaluation
Person & Estate
- Duties as mentioned above, in addition, coordinate establishing court controlled custodial account to dispense with necessity of obtaining bond
- Work with fiduciary and financial institution to set up court controlled custodial account
- Coordinate funding of guardianship account with custodial depository
- Obtain Verification of Receipt and/or Deposit of Custodian form from financial institution for filing with Probate Court
- Docket filing deadline for Guardian's Inventory and Guardian's First Account
- Prepare Guardian's Inventory for signature by fiduciary
- Attend to filing Guardian's Inventory with Probate Court; attend to payment of court costs associated with filing
- Work with fiduciary to prepare Applications for Authority to Expend Funds relative to payment of ward's ongoing expenses
- Arrange for payment of same directly from financial institution
- Review/monitor fiduciary's financial records on a monthly basis
- Prepare Guardian's Account for review and signature of responsible attorney and fiduciary
- Attend to filing Guardian's Account with Probate Court; obtain date-stamped copies of filings and disseminate copies to responsible attorney and fiduciary; attend to payment of court costs
Description of Minor's Settlement duties:
- Prepare the following documents for review and signature of responsible attorney:
Application for Appointment of Guardian of Minor
Next of Kin of Proposed Ward
Fiduciary's Bond
Waivers and Consents
Fiduciary's Acceptance (Guardian)
Judgment Entry Setting Hearing on Application for Appointment of Guardian
Oath of Guardian
Judgment Entry Appointment of Guardian of Minor
Letters of Guardianship (proposed)
Motion and Entry for Approval to Enter into Contract for Legal Services
Application to Settle a Minor's Claim
Waivers and Consents to Settle Minor's Claim
Application for Appointment of Guardian Ad Litem (as needed)
Entry Setting Hearing on Application to Settle a Minor's Claim
Motion and Entry for Release of Assets to be Deposited with a Custodian in Lieu of Bond
Verification of Receipt and/or Deposit of Custodian
Entry Approving Settlement of a Minor's Claim (proposed)
- Obtain certified copy of minor's birth certificate
- Coordinate pre-approval of fiduciary's bond
- Work with referring counsel to obtain Narrative Statement and itemization of out of pocket expenses for attachment to Application to Settle a Minor's Claim
- Coordinate execution of documents by fiduciary
- Submit documents to Clerk of Probate Court for filing; pay court costs associated with filings
- Notify all persons of interest of date, time and location of hearing
- Attend hearing with counsel and fiduciary (if requested)
- Docket filing deadline for Guardian's Inventory and annual court accountings
- Prepare Guardian's Inventory for signature by fiduciary and other duties as described under "Guardianship Duties – Person and Estate" (above)
Description of Special Needs Trust duties:
- Complete checklist of information pertaining to person or entity creating the trust, the trust beneficiary and the proposed fiduciary
- Prepare Authorization for Release of Information for signature by fiduciary
- Apply to Probate Court for authority to fund trust with assets in guardianship
- Prepare proposed Order authorizing expenditure of funds from guardianship
- Draft Motion for Probate Court to authorize and accept jurisdiction, Memorandum in Support of Motion and proposed Entry
- Draft Special Needs Trust (as described in 42 U.S.C. Section 1396p(d)(4)(A) and Section 5111.151(F)(1) of the Ohio Revised Code) for review by counsel for the fiduciary
- Prepare Entries Setting Hearing on Applications and Motions
- Relay documents to counsel and Trustee for review and signature
- Attend to payment of court costs deposit; submit documents for filing with Probate Court; obtain hearing date
- Notify all persons of interest and trust beneficiary's Medicaid caseworker of date/time of hearing
- Attend hearing with counsel, fiduciary and trust beneficiary (if requested)
- Docket filing deadlines for Trustee's Inventory and annual court accountings
- Apply to Internal Revenue Service for federal taxpayer identification number for the trust
- Prepare Motion for Release of Assets to be Deposited with a Custodian in Lieu of Bond
- Provide Verification of Receipt and/or Deposit of Custodian form to financial institution for execution
- Work with financial institution to establish court controlled custodial account
- Draft Trustee's Inventory for review and signature of counsel and/or fiduciary
- Confer with fiduciary regarding supplemental services required by the fiduciary (as defined by Rule 5123:2-18-01, Ohio Administrative Code)
- Engage services of life care planner (as needed)
- Draft Application for Authority to Expend Funds for supplemental services for review and signature of counsel and fiduciary
- Confer with Probate Court to obtain approval of proposed expenditures
- Relay certified copy of Order Authorizing Expenditure of Funds to financial institution with instructions for payment
- Assist financial institution in complying with annual court filing requirements for custodial depositories
- Coordinate preparation and filing of fiduciary's income tax returns with accountant and Trustee
- Prepare fee applications for attorney's fee and fiduciary's fee (per Local Rules)
Special process server available upon request. Probate Paralegal Services, LLC also has extensive experience with
wrongful death settlements and wrongful death trusts. We bring over 25 years of probate paralegal experience to the
table, and have worked with the Probate Courts in nearly all 88 counties in Ohio. References are available upon request, please feel free to contact us. Read Client Testimonies.
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